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(영문) 대전지방법원논산지원 2013.10.16 2013가합362

부당이득금반환

Text

1. The defendant shall pay 170,000,000 won to the plaintiff and 20% per annum from April 30, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. A. Around October 2010, the Plaintiff entered into a subcontract with the Defendant on the construction of earth and sand, drainage pipes, and structures related to the Seoul Eastern Road Expansion (3 Tools) (hereinafter “instant construction contract”). The Plaintiff directly purchased and supplied materials, such as steel bars, etc. used for the said construction, and the Defendant agreed to use the materials received from the Plaintiff for construction works.

B. The Defendant entered into a contract with A for the processing of steel bars supplied by the Plaintiff. Accordingly, the Plaintiff’s acceptance certificate (which was stated as 1,206,286 tons on January 4, 2012, and the supply quantity was stated as 1,206,286 tons on the part of the Defendant for the loss and shortage due to negligence) was issued by the Defendant. From October 2010 to March 18, 2012, the Defendant supplied approximately 1,265.867 tons of steel bars supplied to A corporation to the Defendant. From October 2010 to March 18, 2012, the Defendant supplied approximately 1,265.867 tons to A corporation. From around 200 to May 14, 200, the judgment became final and conclusive around 200 won by the Korean District Court.

(No. 2012 order 3302)

On the other hand, on September 20, 2012, the Plaintiff settled the construction cost of KRW 370,000,000 with the Defendant, and the Defendant prepares a written agreement with the Defendant to faithfully implement the remaining construction work, along with which the Plaintiff would be notified of the termination of the contract from the Plaintiff on the grounds that the Defendant’s delay in construction takes serious measures from the supervision team and the ordering authority, etc., upon the Defendant’s delay in construction, the Plaintiff received a written waiver of construction (hereinafter “instant waiver of construction”).

When the process using steel bars has been delayed due to the same reasons as described in the port, the plaintiff was around December 17, 2012 and around December 2013.